The president of the (Supreme Federal Court), suggested this Tuesday (30) a “structural reflection” regarding the payments of all Brazilian civil servants, days after judges and members of the Public Ministry who had been barred by the court itself.
“After almost 30 years of successive improvements and changes, perhaps the time has come to promote a structural reflection on the very design of the remuneration system for the Brazilian judiciary and, why not say, the entire public service in Brazil”, stated Fachin.
The magistrate made the statement during the opening of the meeting of the working group created by him to comb the compensation amounts paid by the Judiciary. The remainder of the meeting will only be held between committee members and will not be broadcast.
In his speech, Fachin stated that the rules for payments can no longer be guided by circumstantial solutions, which, according to him, resulted in a complex “mosaic” of rules that are difficult to understand, manage and explain to society.
“The original purpose of this model was clear and legitimate: to simplify the remuneration of State careers, provide transparency, strengthen the principle of a single installment and reduce the proliferation of remuneration advantages. After almost 30 years, it is necessary to recognize, with serenity and institutional honesty, that this objective was only partially achieved”, he said.
“Throughout this period, successive laws, legislative changes, judicial decisions, administrative acts and some case-by-case solutions were superimposed on the original constitutional model. Instead of a simple and predictable system, a structure of increasing complexity was consolidated, in which subsidies, compensation funds, liabilities, acquired rights, transitional regimes, compensations and countless exceptions justified by specific circumstances coexist”, he added.
In the morning, the national inspector of Justice, Minister Mauro Campbell, presented the Sisteto (Constitutional Ceiling Supervision System) to Fachin and the ministers, and, who report actions on super salaries in the Supreme Court.
The system will serve to standardize the amounts paid to magistrates. The idea is to create a unified table with a common nomenclature to be followed by all courts.
Also this Tuesday, the minister gave the last vote to conclude the judgment of appeals against the March decision that had limited the payment of penduricalhos. The ministers maintained the limit of 35% in addition to the ceiling for the payment of compensation funds, but there was a tie regarding the application, or not, of this limit to daily allowances and allowances.
Based on the understanding formed by the majority, the payment of additional payments such as unused vacations, court shifts, bonus leave and retroactive funds already recognized before the thesis established by the court is authorized.
Fachin had also adhered to the position presented in the rapporteurs’ joint vote, but this Tuesday he presented mid-term proposals.
Among the changes in the vote itself are three main points: it legitimizes early childhood bonuses, defends that the Appreciation Installment for Time in Career (PVTAC) must be paid to all retirees and pensioners and distinguishes the so-called occasional funds from compensation within the 35% ceiling.
The minister understands that submitting daily allowances to the same monthly limit of fixed allowances (such as housing allowance) could make it unfeasible for judges to participate in joint efforts, corrections and Itinerant Justice projects, as they would not be reimbursed for travel costs.
